Report Title:

Sexual assault on a minor.

 

Description:

Prohibits sexual contact between minors and persons more than five years older. Establishes penalties.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1331

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to minors.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

§707- Sexual assault of a minor between the ages of fourteen and sixteen. (1) A person commits the offense of sexual assault of a minor between the ages of fourteen and sixteen if the person knowingly subjects to sexual penetration a minor who is at least fourteen but less than sixteen years old; provided that this paragraph shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, from performing any act within their respective practices.

(2) It shall be an affirmative defense to the charge of Sexual assault on a minor between the ages of fourteen and sixteen if:

(a) The defendant is legally married to the minor at the time of the act or acts, or;

(b) The defendant is less than five years older than the minor.

(3) Sexual assault on a minor between the ages of fourteen and sixteen is a class felony."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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